Ohio Statewide Rule
Ohio Agricultural District and Right-to-Farm Protections
Key Facts
- Authority
- ORC 929 creates voluntary Agricultural Districts
- Zoning
- Districts run for five-year renewable terms
- Rule
- Nuisance suit defense for compliant operations
- Animal
- Application filed with county auditor
- Zoning
- Eminent domain review required for district land
Summary
Ohio Revised Code Chapter 929 establishes Agricultural Districts that provide right-to-farm protections against nuisance suits and certain local regulations.
(B) In a civil action for nuisances involving agricultural activities, it is a complete defense if: (1) The agricultural activities were conducted within an agricultural district or on land devoted exclusively to agricultural use in accordance with section 5713.30 of the Revised Code, or were conducted by a person pursuant to a lease agreement, written or otherwise; (2) The agricultural activities were established prior to the plaintiff's activities or interest on which the action is based; (3) The agricultural activities were not in conflict with federal, state, and local laws and rules relating to the alleged nuisance or were conducted in accordance with generally accepted agriculture practices.
Full Breakdown
Ohio Revised Code Chapter 929 allows farmland owners to apply through the county auditor to place qualifying property in an Agricultural District for a five-year renewable period. Land in a district receives a defense against nuisance lawsuits brought by neighbors over farm operations conducted in conformity with generally accepted agricultural practices. The chapter also limits sewer and water assessments and requires public agencies to evaluate impacts on farmland before exercising eminent domain. ORC 3767.13 reinforces that agricultural activities are not nuisances when conducted in compliance with statutory and regulatory requirements.
Violations & Penalties
Plaintiffs bringing barred nuisance suits against compliant Ag District farms may be denied relief and assessed costs.
Frequently Asked Questions
How does an Ohio farmer enroll in an Agricultural District?
Does Agricultural District status block all lawsuits?
Sources
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